Per: Akatha.H.D.
JUDGMENT
The complainant has filed this complaint U/s 12 of the Consumer Protection Act – 1986 against the OP alleging unfair trade practice in selling the music system. Hence prays for the relief to the cost of the Music System along with Rs. 20,000/- towards mental agony and miscellaneous charges and Rs. 20,000/- for deficiency in service and Rs. 20,000/- for unfair trade practice and Rs. 5,000/- towards cost of the proceedings.
Brief averments of the Complaint are as under;
2) That, the complainant, as per respondent advertisement the complainant booked one music system the cost of Rs. 2,898/-. Then complainant received the above music system by courier. E-bill No.5687, Order No. 19978849, Date: 09-02-2016.
The complainant further alleged that when complainant was booking the above music system, Respondent have assured to complainant regarding the above music system as one of the best product. But it is not working properly. And it is not in a good condition. So Complainant also contract Respondent by phone so many time. But Respondent has not response. And the above music system is also not in good condition.
The complainant further alleged More ever complainant paid an amount of Rs. 2,898/-. But Respondent have sent a defective music system. So Complainant become shocked due to Respondent unfair trade practice. On this regard complainant asked by phone Respondent have not response. But it is not proper reason. Due to Respondent ill legal attitude. The Complainant mentally and physically suffered.
The complainant further alleged now the complainant not believe Respondent company. So Complainant decided to return the above music system.
The complainant further alleged there after the complainant has sent legal notice through his counsel on 02-03-2016. The above notice served to respondent.
The complainant further alleged hence, it is humbly prayed that, the Hon’ble Forum may be pleased to allow the complainant by awarding following amount of compensation;
1) Music System cost Rs.2,898/-
2) Mental torture, agony & Miscellaneous Charges Rs.20,000/-
3) Deficiencies in Service Rs.20,000/-
4) Unfair trade practice Rs.20,000/-
5) Cost of the Proceedings Rs.05,000/-
Other equitable relief’s which this Hon’ble Forum deems fit and proper under the circumstances of the case, in the interest of justice and equity.
Hence the OP has committed unfair trade practice and hence filed this complaint praying for the relief to the cost of the Music System cost along with Rs. 20,000/- towards mental torture agony and miscellaneous charges and Rs. 20,000/- for deficiency in service and Rs. 20,000/- for unfair trade practice and Rs. 5,000/- towards cost of the proceedings.
3) The forum after admitting the complaint, a notice was issued to the OP and the said notice was served upon him. The OP failed to appear before the forum on the date of appearance and hence he was placed as Ex-parte and posted for the complainant evidence.
4) On the basis of the above pleadings, the following points that arise for our consideration are;
POINTS
1) Whether the complainant proves that there is unfair trade practice on part of OP as alleged in the complaint?
2) Whether the complainant is entitled for any relief sought for?
3) What order?
5) To prove the case of the complainant, the complainant himself examined as PW1 and has got marked documents as per Ex. A-1 to Ex. A-6 and closed their side evidence and posted for argument.
6) Heard the arguments of the counsel and perused the records.
7) Our findings on the above points are as under;
Point No. 1: In the Affirmative
Point No. 2: In the Affirmative
Point No. 3: As per final Order for the following.
REASONS
8) POINT No. 1 and 2: As these issues are interconnected each other, hence they are taken together for common discussion to avoid repetition of facts, evidence, documents and arguments.
9) On perusal of the pleadings, evidence coupled with the documents of respective parties on record, it is the case of the complainant alleging unfair trade practice and deficiency in service in selling the Music system. To prove the case of the complainant the PW-1 has reiterated the complainant averments in his examination in chief and in support of his case he has produced the purchase bill and the said bill is marked as Ex. A-1. Ex. A-1 clearly reveals that the said new kids talking laptop (Music System) is purchased by the complainant and it is sold by the OP. The complainant contended that after seeing the music system lap top was not in good condition he contacted the OP through phone so many time, but he did not receive the call nor he respond to him the complainant further submits that he had issued a legal notice through his counsel on 02-03-2016 and the said notice is marked as Ex. A-3 and the notice is served upon the OP and the postal receipt and acknowledgement is marked as Ex. A-4 and Ex. A-5. The OP neither gave reply nor responded to the complainant. If that kids talking laptop is not working and not is good condition then it will definitely spoil the mood of the kids playing with it and automatically there would cause mental agony to the family members.
10) The OP has not appeared before this Forum to answer any of the allegations made by the complainant and have not shown any reasons for the defect in the product. Therefore it can be presumed that there is unfair trade of practice in selling the kids Music System.
11) From the argument submitted by the learned counsel, we are of the opinion that the OP has committed unfair trade practice. In absence of any evidence/appearance by OP we found unfair trade practice and deficiency in service on part of OP. As such the OP is liable to pay the cost of the music system lap top.
12) On the contrary as per the oral evidence coupled with the documentary evidence the complainant proved that the unfair trade practice and deficiency in service on part of OP and the said fact has been clearly discloses in Ex. A-1, Ex. A-3 to Ex. A-5 which have been already discussed supra. Hence in the light of above observation, the complainant placed the deficiency in service and unfair trade practice on part of OP in selling the defective Music System lap top. Hence in the light of above observations we constrained to hold point No. 1 and 2 in the Affirmative. The OP is also liable to pay compensation of Rs. 5,000/- towards mental agony and Rs. 3,000/- towards unfair trade practice along with Rs.1,500/- towards cost of the proceedings.
13) Point No: 3:- Hence in the result we proceed to pass the following;
ORDER
- The complaint filed by the complainant is hereby partly allowed.
- The OP is hereby directed to pay the Rs. 2,898/- (Rupees Two thousand eight hundred ninety eight only) towards the cost of the Music System along with Rs. 5,000/- (Rupees five thousand only) towards mental agony and Rs. 3,000/- (Rupees three thousand only) towards unfair trade practice and Rs. 1,500/- (Rupees one thousand five hundred only) towards cost of the proceedings to the complainant within one
month from the date of receipt of this order. Failing which 12% p.a. interest will be charged from the date of filing of this complaint till realization. - Send the free copies of this order to both parties.
Dictated to the Stenographer, transcribed, typed by him, typescript, corrected by me and then pronounced in the Open Forum on 02nd day of August, 2016.
ANNEXURE //
List of Documents Exhibited for the Complainant.
Ex. A 1 Purchase bill Date: 09-02-2016
Ex. A 2 VPL Date: 09-02-2016
Ex. A 3 Legal Notice copy Date: 02-03-2016
Ex. A 4 Postal Receipt Date: 02-03-2016
Ex. A 5 Acknowledgement
Ex. A 6 Paper Publication copy Date: 19-02-2016
Witnesses examined for the Complainant / Respondent.
P.W.1 | Sri Nagaraj L. Desai, Age: 32 years, Occ: Student, No.2, HNO 138, Lebgeri, Near Maruthi Temple, Tq: Dist: Koppal. |
